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The judge's explanation in Brabners was based on a conveyancing misunderstanding - he held that the electronic search was only obtained in order for the solicitor to give advice as to what information was held by the local authority - in essence that the search belonged to the solicitor. We don't need a change in the law, we merely need the courts to recognise that the conveyancing reality, namely that the search belongs to the client, not the solicitor, and is an essential part of the (now mainly) electronic deeds package required to show good title. Advising on the search is a separate matter, and is part and parcel of the advice on title as a whole, not severable in this way.

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